Jennifer Merrigan Fay, a partner in Goodwin’s Labor + Employment Practice and a member of the firm’s Executive Committee, focuses on serving the firm’s technology, life sciences and private equity clients. She has an extensive background in the employment law field and is lead employment lawyer on a wide variety of matters both as a counselor and a litigator.
Ms. Fay supports the firm’s transactional practice by advising on employment-related aspects of mergers and acquisitions and by drafting and negotiating executive employment agreements, noncompetition agreements, separation agreements and other employment related documents. She has in-depth knowledge of complex areas of employment law including worker classification, noncompetition agreements and other restrictive covenants, discrimination and anti-retaliation laws, executive compensation and other high priority areas of interest for the firm’s clients. She applies her subject matter expertise while counseling clients, negotiating with opposing counsel, handling disputes and collaborating with the firm’s business law attorneys and clients.
Ms. Fay also handles employment-related litigation in state and federal court and has represented clients in numerous arbitration proceedings and administrative hearings. She is keenly focused on litigation avoidance through the development and implementation of proactive human resources strategies, including well-crafted human resources policies, by developing and presenting interactive training sessions and through day-to-day counseling on employment-related issues including employment terminations, internal investigations, restrictive covenants, leaves of absence, OSHA compliance, and wage and hour matters.
Ms. Fay works with publicly traded organizations as well as small businesses and across industry lines. She has ongoing relationships with many of the firm’s life sciences and technology clients, as well as numerous private equity and venture capital firms and their portfolio companies.
Over the years, Ms. Fay has developed special expertise in the areas of executive employment agreements, worker classification matters, sexual and other types of discriminatory harassment, reductions-in-force and restrictive covenants.
Ms. Fay is a frequent speaker on employment law topics. She is a graduate of the Massachusetts Commission Against Discrimination's Train the Trainer Certification Program and is on the MCAD's list of recommended trainers. She is a member of the Boston, Massachusetts and American Bar Associations.
Ms. Fay is listed in the Labor & Employment category in Chambers USA: America’s Leading Lawyers for Business, where clients praise her for being "very good in a crisis" and understanding how businesses work, really knowing the law, and understanding people issues. She has also been recognized by Best Lawyers in the field of labor and employment litigation.
Ms. Fay’s article “Enforcement of Non-Competition Agreements: Developments in Massachusetts” – co-authored with Wilfred Benoit – appeared in the Autumn 2004 edition of Employee Relations Law Journal.
Ms. Fay is a regular speaker at internal and external seminars and has taught continuing legal education courses for attorneys on a variety of employment law topics.
(magna cum laude)
(cum laude)
Ms. Fay was the recipient of the Law Faculty’s Outstanding Student Award at Suffolk University Law School, served as Editor-in-Chief of the Suffolk University Law Review and was class Salutatorian.
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